News & Analysis as of September 20, 2024

Supreme Court of the United States › Tangible Property

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

Jones Day on 11/30/2017

The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets. The Issue: The defendant sought to dismiss the action...more

A Saab Is Not A Tangible Object Either

Stinson - Corporate & Securities Law Blog on 5/15/2015

We previously reported on a U.S. Supreme Court case which interpreted the evidence destruction provisions of Sarbanes-Oxley. A plurality of the Court held in Yates that destruction of fish was not destruction of a tangible...more

Supreme Court Limits Scope of SOX Anti-Shredding Provision

Katten Muchin Rosenman LLP on 3/11/2015

The US Supreme Court recently reversed the conviction of a commercial fisherman, John L. Yates, accused of violating 18 U.S.C. § 1519, also known as the anti-shredding provision of the Sarbanes-Oxley Act (SOX), holding that...more

U.S. Supreme Court Finds That SOX’s Anti-Shredding Provision Does Not Apply To Fish

Snell & Wilmer on 3/10/2015

When one thinks of the Sarbanes-Oxley Act of 2002 (SOX)—a law created to restore trust in the financial markets following the collapse of Enron—red grouper is not usually the first thing that comes to mind. Nevertheless, the...more

SCOTUS Narrows SOX Obstruction Statute

McGuireWoods LLP on 3/10/2015

In its recent ruling in Yates v. United States, the U.S. Supreme Court reversed a conviction under Sarbanes-Oxley’s “anti-shredding” statute, holding that it covers documents, records and only “tangible objects” similar to...more

Yates v. United States: Supreme Court Reins in Sarbanes-Oxley Act’s “Anti-Shredding” Provision

Blank Rome LLP on 3/6/2015

Action Item: The Supreme Court’s decision in Yates v. United States will significantly impact how in-house counsel, outside counsel, and compliance officers alike should advise their clients with respect to evidence...more

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